Revolutionary War Pension and Bounty Land Warrant Application File S. 22241, Simon Folk, Penn.

SERVICE
NUMBER
Penn.
Folk, Simon
S 22 241
CONTENTS

26.193
John ... Pennsylvania New York
who was a ... in the State of ... who was a ... in the ... commanded by Captain ... of the ... commanded by Col ... in the ... time for
9 9 9 80.00
Inscribed on the Roll of ... at the rate of 80 Dollars ... Cents per annum. to commence on the 4th day of March, 1831.
Certificate of Pension issued the 3 day of April ... and ... ...
Arrears to the 4th of March  240.00 Semimont. allowance ending 40.00
$ 280.00
{ Revolutionary Class } { Act June 7, 1832 }
Recorded by J. J. ... Clerk, Book 6 Vol. 5 Page 20

State of Pennsylvania - Dauphin County Set.
On this Seventh day of March in the year of Our Lord one thousand eight hundred and thirty four personally appeared in open Court before the Honorable Chief Justice Gibson - One of the Judges of the Supreme Court of the Commonwealth of Pennsylvania now holding a Circuit Court in and for the County of Dauphin Simon Folk now a resident of the Borough of Harrisburg in the County of Dauphin and Commonwealth of Pennsylvania, in the eighty second year of his age who being first duly qualified as is directed by law doth make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7 th 1832, and generally to obtain the benefit of the several acts of Congress passed for the relief, of the surviving soldiers and officers of the Revolution.
That he was born in Conestoga Township Lancaster County, in the year seventeen hundred and fifty two, as appeared by the parish record of his age (which he left in the State of Ohio) That he was raised in Lancaster County and entered into the service of the United States in the month of June 1775 - He enlisted in the Company commanded by Captain James Hops as a Rifleman for three years service. They remained in Lancaster until August 1775 when they marched to Philadelphia, and from thence to New York and from thence to Boston - at Boston they were united to the Regiment commanded by Colonel Hand; all under There were three Regiments of Riflemen - One commanded by Colonel Hand to which Capt. Hop's Company was attached; one commanded by Col: Glotz & the other by Col: Hull and all under the Command of General Morgan. They arrived at Boston the day previous to the Battle of Bunker Hill and Capt. Hop's Company was engaged in that battle; That they remained about one month at Boston, when this deponent with the regiments above particularly referred to, under the command of General Morgan, and the whole army under the command of General Washington were marched to New York - That Morgan then was ordered out to Delancey's Mill at Frogs point on the East river river whence this deponent marched to, that there they remained in sight

of the British who were under the command of General Gage. General Morgan's regiments remained at Delancey Mills for three or four months and from thence they marched to White Plains. this deponent was engaged in the Battle of White Plains which was fought in 1776. They were then marched to Flat Bush Long Island - at flat bush this deponent was wounded by a mus- ket bullet which struck him in the breast - and from thence he was conveyed to the hospital at Easton Penn a - where he remained for about four five months - He again joined the army and was engaged in Battle of Trenton in 1777 - they then  then crossed the river into Pennsylvania - this deponent then was seized with a violent cold and taken sick, and was again taken to the hospital at Easton - where he remained until he received his discharge from Major Kip. (on the promotion of Captain Kip - to the Office of Major, Mr. Hamilton was elect- ed Captain of the company in his stead.) The discharge deponent received from Major Kip was his second discharge - having been discharged at New York by General Washington, & deponent was sent as a spy to Staten Island with the promise of a dollar for every hour that he was thus employed - that on his return, he was rewarded for his services, and received his discharge from General Washington; that he again enlisted in the same company under the command of Capt. Hamilton as a private for two years - that they were then marched to Delancey Mills as above set forth - That about twenty years since he placed his discharges with other evidence of his services in the Continental army in the hands of James Barton Esq. of Lancaster Penn a - that they were mislaid or lost, and this deponent has never seen them since. That this depon- ent after he left the army again returned to Lancaster County where this deponent this deponent remained until the year one thousand eight hundred - and two - when he removed to the State of Ohio

where he remained nine years, that he then then came to Hanover Township, Dauphin County, Pennsylvania and remained there un- til the year one thousand eight hundred and thirty two - when he removed to Cumberland County - where he remained until he removed to Harrisburg about one week since - where he is now living. - This deponent is well acquainted with John Wagoner and Edward Shannon, (Michael Hebeisen Esq. all) both of East Pennsborough Township Cumberland County Pennsylvania. This deponent further states that he was in service in all upwards of three years. - Deponent does not know that any of his com- rades, or those to whom he is known as a Revolutionary sol- dier are now living, or if living where they reside. That he has never received any bounty from the United States either in money or in land. That he never has applied for a pension to the United States. This deponent within the last week has received has been placed on the pension list of Penn- sylvania, but he declares that his new name is not on the pension roll of the agency of any state - except as above stated. And he hereby relinquishes every claim whatever to a pension except the present.
Simon Folk subscribed in open court the day & year aforesaid Simon Folk
} Firms full
(Michael Hebeisen Esq) We, John Wagoner and Edward Shannon residing in East Penns- borough Township, Cumberland County, hereby certify that we are well acquainted with Simon Folk who has subscribed and sworn to the above declaration, that we believe him to be eighty two years of age, that he is reputed that he is and believed in the neighbour- hood where he resided as well as where he now resides to have been a soldier of the Revolution, and we concur in that opinion. We further state that we have frequently seen the scar on his breast reputed to have been occasioned by a bullet, and concur in that opinion. and John Wagoner further states that he has known Simon Folk for upwards of forty five years, and that he has been reputed a soldier of the Revolution, and that George

Wagoner - the father of John Wagoner (the deponent) was a revolutionary soldier - and has often said in the presence and hearing of this deponent that Simon Folk was well known to him while serving as a soldier in the Revolutionary War.
Attest: John Wagoner Mark Edward Shannon his Mark
Sworn and subscribed in open Court the 7 th of March 1834 No. Roberts Clk
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary soldier - and served as he states. And the Court further certify that (Michael Reberinger Esq.) John Wagoner & Edward Shannon are residents of East Pennsborough Township Cumberland County, and are credible persons, and their statement is entitled to credit.
John H Gibson Chf Justice Sup C Penna
I John Roberts Clerk of the Circuit Court of Dauphin County do certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Simon Folk for a pension.
In Testimony whereof I have hereunto set my hand and seal of Office this seventh day of March in the year of our Lord One thousand eight hundred thirty four.
No. Roberts Clk
Ms. 853.

29. 853
Simon Stolke
Penn a
Simon Stolke
Adm 2 years
$80
John C. Buckner Esq
Harrisburg
Penn a

WAR DEPARTMENT,
Pension Office,
11. March, 1834.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Simon et al
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     June 1775. 3 priv Capt. Rop. Col. Hand 82 years Lancaster County Pa Traditionary  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.
Further proof required — See note f.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of Sworn to and subscribed the day and year aforesaid. A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid. [And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Resolution
22241 INVALID.
Q
File No. 22241
Simon Folk
His Rev War
Act: June 7 th 89 th
Index:—Vol. 2 , Page 145
[Arrangement of 1870.]

May 11, 1905 - This was McNabb City, S.D.

March 25 th 1834
Dear Sir,
James A. Edwards Esq d Commissioner of Pensions Washington City
Ms. A. 9. 2. 10

PRICE
March 25/83
Rev. James L. Edwards Esq. P.O. Box 10 New Bedford
James L, Edwards Esq. Commissioner of Pensions Washington City

Warrington March 22 nd 1834
James L. Edwards Esqr
(Dear Sir)
Simon Folke's papers are herewith — returned to your Department — Owing to the death of all his associates, he is unable to procure the proof which your printed manifesto, sent to me, in his case a few days since, seemed to require — he has made an additional deposition, accompanying his former papers, which in my opinion, make as strong a case of claim, as I have forwarded for some time — should this not suffice, it is to be feared, he must be a cast away — which I hope not, as he is, if his oath is to be believed, with the deposition of his neighbours, fully entitled to the respect, and munificence of his Country — with sentiments of respect
Your friend & fellow Citizen
John C. Puchet

Dauphin County ss.
Commonwealth of Pennsylvania - Before the subscri-
ber one of the Commonwealth's justices, personally came the subscriber Simon Tolk who being duly qualified as is directed by law doth depose and say - that in addition to the foregoing deposition made before the Honourable Chief Justice of the Supreme Court of Pennsylvania - which is true in substance and in fact - he can only add, that he does not know that any of his companions in the Revolutionary war are now living - that he knows of no individuals who are now living that could prove the time he entered the service as a soldier in 1775 - nor does he know of any persons now living who could prove the time and manner of his leaving the service, or who know the Regiment or company to which this deponent belonged in compliance with the requisitions of Note (F.) That George Magoner was out with this deponent in the Revolutionary war - and that the said George Magoner who survived all others of this deponent's fellow soldiers in the Revolutionary war died about two years ago. This deponent further states that although he entered the army at a time, and under such circumstances as would bring his claim when established under the former acts providing for the relief of soldiers of the Continental line - yet in as much as he has through misfortune been reduced to poverty, he would be willing to accept the benefit of the act of 1832 - or the relief provided by that act - That after the loss of his discharges, and the other papers evidencing his services in the Continental army - his circumstances were such as to relieve him from the necessity of applying to his Country for relief, but as he is now in advance of that period which ordinarily ordinarily bounds the life of his man, and while he is unable to provide a livelihood for himself, and without any resource - he has been compelled to appeal to his Country for that relief, which his health - and circum-

stances have heretofore afforded him. Deponent further states that he is not acquainted with any clergyman in this immediate neighbourhood whose certificate he could procure.
Sworn and subscribed the 22 nd day of February March A D 1832.
M c Whirney,

State of Pennsylvania Dauphin County ss
I John Roberts, Prothonotary of the Court of Common Pleas of Dauphin County do certify that Mordecai M. Nimmy Esq before whom the annexed deposition of Simon Folk was taken was at the time of the taking thereof a justice of the peace, in and for said county, duly commissioned & qualified, & that to all his acts as such full faith and credit ought to be given. In testimony whereof I have hereunto set my hand and the seal of said court at Harrisburg the 22 nd day of March A D 1834.
John Roberts Protho